The proposed bill, titled the "Children's Default to Safety Act," mandates that all electronic devices, specifically tablets and smartphones, sold and activated in Montana must have an obscenity filter enabled by default. This filter is designed to prevent minors from accessing or downloading obscene material through mobile data networks, manufacturer-controlled applications, and internet connections. The bill outlines the responsibilities of manufacturers, including the requirement to notify users when the filter blocks content and to provide a passcode option for authorized users to unblock filtered content. Additionally, it establishes liability for manufacturers if their devices fail to comply with these requirements, including potential civil penalties for violations.

The bill also amends existing laws regarding the public display of obscene material to minors, specifically prohibiting non-guardians from providing minors with the passcode to disable the obscenity filter. It includes provisions for damages and civil actions against manufacturers found liable for violations, allowing for both actual and liquidated damages. The effective date for the bill is set for January 1, 2024, and it applies to all electronic devices sold and activated in the state from that date forward. The legislation emphasizes the intent of the legislature to ensure compliance by the Department of Justice within existing resources.

Statutes affected:
HB0349_1.pdf: 45-8-206
HB0349_2.pdf: 45-8-206
HB0349_3.pdf: 45-8-206
Amended: 45-8-206
Introduced: 45-8-206